Ask A Question on the daf

Previous daf

1) RETRACTING AN OFFER

(a) (R. Aba): Reuven charged Shimon 'You stole my slave', and Shimon denied it;

1. Reuven Why is he by you?
2. Shimon: You sold him or gave him to me! (I will go beyond the letter of the law) - if you want to swear that he is yours, you may have him.
3. Once Reuven swears, Shimon cannot retract his offer.

(b) Question: We already learn this from a Mishnah!

1. (Mishnah - R. Meir): Levi told Yehudah 'I allow you to use for judges (in our case): my father, or your father, or these three shepherds' - Levi can retract;
2. Chachamim say, he cannot retract.

(c) Answer: R. Aba teaches that they argue when Levi is the defendant (he agreed to pay if the invalid judges will obligate him; all agree that if Levi is the claimant, and agreed to exempt Shimon if the invalid judges will exempt Shimon, Levi cannot retract), and that the Halachah follows Chachamim. (Other Amora'im explain that they only argue when Levi is the claimant.)
(d) (R. Aba): The Halachah is, a lender can collect slaves from the borrower's heirs.
(e) (Rav Nachman): He cannot collect slaves.

(a) (R. Aba): The Halachah is, a third (generation, i.e. grandson of Reuven) can testify about a second (generation of Reuven's brother, i.e. Shimon's son). (b) (Rava): A third can even testify about a first (Shimon himself).
(c) (Mar bar Rav Ashi): He can even testify about his own grandfather.
(d) The Halachah does not follow Mar bar Rav Ashi.
(e) (R. Aba): Levi knew testimony about land, then he became blind - he cannot testify.
(f) (Shmuel): He may testify, e.g. if he knows signs delineating the borders of the land;

1. He cannot testify about a garment,

(g) (Rav Sheshes): He can even testify about a garment, e.g. if he knows the length and width;

1. He cannot testify about an ingot.

(h) (Rav Papa): He can even testify about an ingot, e.g. if he knows its weight.
(i) Question (Beraisa): Reuven knew testimony about Shimon, then he became his father-in-law, deaf, blind, or insane - he cannot testify;

1. If he was a valid witness when he saw the testimony, then he became his father-in-law, deaf, blind, or insane, and later became valid again (his daughter died (so he is no longer related), or he regained his hearing, sight or sanity), he can testify;
2. The general rule is: if he was an invalid witness at the beginning (when he saw the testimony) or the end (when he wants to testify), he cannot testify; if he was a valid witness at the beginning and at the end, he can testify.

(j) This refutes Shmuel, Rav Sheshes and Rav Papa.

(a) (R. Aba): One who says (we will explain what) about a child among children, he is believed;
(b) (R. Yochanan): He is not believed.
(c) Question: What does this mean?
(d) Answer #1 (Abaye): One who says about one of his sons 'He will inherit all my property', he is believed - this is like R. Yochanan ben Brokah (130A);

1. R. Yochanan says, he is not believed - this is like Chachamim.

(e) Objection (Rava): If so, why do they say 'believed' and 'not believed' - they should say 'he inherits' or 'he does not inherit'!
(f) Answer #2 (Rava): One who says about one of his children 'He is my firstborn', he is believed - this is like R. Yehudah;

1. R. Yochanan says, he is not believed - this is like Chachamim.

(g) (R. Aba): If Reuven says 'My wife will receive a share of my property like one of my sons' - this takes effect.
(h) (Rava): She receives a share of the property he had when he said this; she receives a share according to the number of sons he has when he dies.
(i) (R. Aba): Shimon brought a loan document against Levi; Shimon says that he did not collect any part of it, Levi says that he paid half, and witnesses testify that he paid it all - Levi swears that he paid half, and Shimon collects half from Levi's free (unsold) property;

1. He cannot collect from sold property - the buyer can say, witnesses testified that it was paid!
2. (If a loan document says 'Sela'im' (implying at least two), the lender claims five, and the borrower (Yehudah) admits to three, R. Akiva says that Yehudah is exempt from swearing, he is like one who returns a lost object (since he could have said two).)
3. Only there, R. Akiva considers him like one who returns a lost object, since there are no witnesses - but here, Levi admitted to half because he was afraid of the witnesses (he thought they might come to support Shimon), therefore he must swear.

(j) Objection (Mar bar Rav Ashi): Just the contrary! Even R. Shimon ben Elazar only says there that Yehudah must swear the oath of partial admission because witnesses do not support him - here, witnesses support Levi (he could have denied owing anything), he is like one who returns a lost object, he does not swear.
(k) (Mar Zutra citing Rav Ashi): The Halachah follows R. Aba in all these teachings.
(l) Question (Ravina): But Rav Nachman argues (he says that we do not collect from slaves, and the Halachah follows Rav Nachman in monetary laws)!
(m) Answer (Rav Ashi): We learned that R. Aba also said that we do not collect from slaves.